Service terms

TERMS AND CONDITIONS

1. Acceptance

These Terms and conditions together with the Privacy Policy (defined below) (collectively Terms) govern your use of the application or website where you accessed these Terms and use of the related services (collectively Service). In addition, there may be additional conditions applicable to certain parts of the Service. These Terms constitute an agreement between you and the relevant entity providing the Service you are using, as follows:

a) If you are using Sports Tracker, these terms constitute an agreement between you and Amer Sports Digital Services Oy (hereinafter Sports Tracker or Amer Sports Digital Services).b) If you are using Movescount, Suunto App or suunto.com website, these terms constitute an agreement between you and Suunto Oy (hereinafter Suunto).

Based on the above, in these Terms the term “Company” shall therefore mean the respective contracting company (Suunto or Amer Sports Digital Services) who’s Service you are using, including its affiliates. These Terms define the rights and responsibilities of you and the respective Company.

You are not allowed to use the Service, if you do not agree to the Terms.

2. Eligibility

To use the Service, you must be at least thirteen (13) years of age. If you are at least thirteen (13) years of age but a minor where you live, you must review the Terms and have your parent or legal guardian complete the registration on your behalf for you to use the Service. The person completing the registration must be legally competent.

3. Registration and Termination

Use of the Service requires registration. You agree to provide truthful and complete information when registering for the Service and to keep that information updated. Providing misleading information about your identity is forbidden.

When you register, you will create a username and a password. You (and your parent or legal guardian, if you are a minor) are personally responsible for any use of the Service with your username and password. You agree to take due care in protecting your username and password against misuse by others and promptly notify Company about any misuse.

You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to the Service. Company may terminate your registration or restrict your access to certain parts of the Service or take any other action of whatsoever nature, as it may deem at its exclusive discretion appropriate, if there is an indication that you have breached the Terms or with a prior notice if you have not signed into the Service with your username in the past six (6) months.

The Company shall not be responsible for any removal of the information or content you have submitted (Material) from the Service when your registration is terminated.

After the Material is removed from the Service by either you or the Company, some traces of the Material may remain and copies of the Material may still reside within the Service.

4. Using the Service

You agree to:

Use the Service only for your private, non-commercial purposes; Comply with applicable laws, the Terms and good manners; Not submit unlawful, offensive, abusive, pornographic, harassing, libelous or other inappropriate Material; Respect the privacy of others; Obtain any consents, permission or licenses that may be required for you to have the legal right to submit any Material; and Not distribute or post spam, files or technologies that may harm the Service, or the interest or property of the Service users.

You understand that:

The Service is licensed and/or made available "as is", as further specified under Section 12.

The Company does not and cannot review the Material posted by users on its Service and is not responsible for such Material. The Company may but has no obligation to: Monitor or moderate the Material; and Remove Material from the Service and restrict access to any part of the Service at any time in its sole discretion. Specifically, the Company has the right to terminate your right to use the Service without notice at any time for any reason at the Company's sole discretion and in particular, if you breach these Terms or use the Service unlawfully or in a way that the Company deems inappropriate, for example for commercial purposes or in case the Company notices exceptionally high traffic to the site from a particular IP address(es).

In order to be able to use the Sports Tracker application, your device may have to be equipped with a GPS module for workout tracking.

Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of the Company is prohibited except in accordance with the following terms.

The Company consents to your use of the Service on your computer or mobile terminal, smart watch or other similar devices, as applicable, downloading the outcomes of the Service and printing copies of extracts from these pages for your personal use only and not for redistribution, unless consented to in writing by Company.

The Service and the content thereof may be used solely for private, non-commercial purposes, subject to these Terms and any applicable laws.

Please note that individual applications, documents and/or services provided on the site as part of the Service may be subject to additional terms, such as end-user software agreements indicated in connection with the applications, documents and/or services.

6. Allegations of Copyright Infringement

You may notify the Company of copyright infringement on the Service by providing notice (a) by email with Copyright Notification in the subject line to info@sports-tracker.com in case the notification concerns Sports Tracker and to copyright.notices@suunto.com in case the notification concerns Suunto App, Movescount or suunto.com (b) by a document titled Copyright Notification mailed to Sports Tracker if the notification concerns Sports Tracker, Attn: Amer Sports Digital Services Oy, Attn: Tammiston kauppatie 7 B, 01510 Vantaa, Finland or if the notification concerns Suunto App, Movescount or suunto.com, to Suunto, Attn: Suunto Oy, Attn: Tammiston kauppatie 7 A, 01510 Vantaa, Finland, or (c) via the online form, if available. Your notice must:

(1) Identify the original copyrighted work you claim is infringed; (2) Identify the Service and the content on the Service that you claim is infringing the copyrighted work. Please provide enough detail for the respective Company to locate the allegedly infringing content on the Service; (3) Provide your contact information, including your full name, mailing address, telephone number, and email address, if available; (4) Provide a statement that you have a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; (5) Provide this statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed."; and (6) Provide your signature.

7. Feedback and Other Submissions by You

Your submission of Material to the Service does not transfer ownership rights in the Material to the Company.

By submitting any Material to any of the Company's servers, for example, by e-mail or via the site, you agree that:

(a) the Material will not contain any item that is unlawful, invasive of another person's right of privacy or right of publicity or otherwise inappropriate due to, without limitation, its libelous, slanderous or defamatory nature and recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Materials;

(b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any Material; and

(c) you own the Material or have the unlimited right to provide it to the Company and you will grant the Company and its suppliers a worldwide, irrevocable, perpetual, non-exclusive, fully-paid, royalty-free and assignable license to use, copy, reproduce, modify, create derivative works, publicly perform and publicly display such Material and distribute reproduced and modified copies thereof. The following right applies also to subcontractors of the Company and its affiliates and suppliers conducting work for the Company and its affiliates and suppliers. The Company may, among others, incorporate the Material or any concepts described in it in its products without any compensation, accountability or liability;

(d) your use of the site will not compromise the security or integrity of the Company's computer systems, networks or web site(s) or servers, whether by allowing intruders into the same, introducing viruses or other threats, imposing a disproportionate or unreasonably large load on this site or its infrastructure, or using any computer programming routine, file or device to damage or interfere with the operation of the Service;

(e) you agree not to take any action against the Company or its suppliers in relation to the Material that you submit and you agree to indemnify the Company and its suppliers if any third party takes action against the Company or its suppliers in relation to the Material you submit.

8. Fees

Your use of the Service may be or may become subject to charges.

Any fees charged by the Company will be announced separately in connection with the Service.

You may incur additional fees from the use of mobile and/or Internet services of your network or other telecommunications operator/carrier and/or other service provider, including without limitation SMS, MMS and WAP browsing, data transfer fees and other services that require the use of airtime and mobile data services. The Company or its suppliers assumes no responsibility for the payment of such fees. Your operator/carrier is in every respect solely responsible for the services it provides to you.

9. Availability

The Service may not be available in some countries and may be provided only in selected languages. The Service may be network dependent, contact your network service provider for more information.

The Company reserves the right, in its sole discretion, to change, improve and correct the Service. The Service may not be available during maintenance breaks and other times.

The Company may also decide to discontinue the Service or any part thereof in its sole discretion. In such case you will be provided a prior notification.

10. Dealings with Others

You may interact with other users on or through the Service. You agree that any such interactions do not involve the Company and are solely between you and the other user(s).

11. Personal Data

The Company respects your rights to privacy. The Privacy policy as amended from time to time is available at http://www.sports-tracker.com/privacy-policy and http://www.suunto.com/Privacy-Policy/ ("Privacy Policy") and is applicable to these Terms and to the Services. The Privacy Policy defines how, why and to which extent the Company, collects and uses personal and non-personal information in relation to the respective Service. By installing, accessing or using the Service you explicitly agree with the terms and conditions of the Privacy Policy and to any terms and conditions included therein by reference.

Please familiarize yourself with the Privacy Policy prior to using the Service.

By installing, accessing or using the Service, you consent to our information collection and usage terms, including (where applicable) the transfer of data into a country outside of the European Union and/or the European Economic Area or the United States of America.

By using the Service, you specifically acknowledge and agree that in-app advertisement by the Company its affiliates or third parties operating on behalf of the Company or consented by you, may be shown to you within the Service.

12. Limitation of Liability

The Service is provided on AS IS and AS AVAILABLE basis. The Company does not warrant that the Service will be uninterrupted or error or virus-free. The Company reserves the right to revise the Service and the contents or withdraw access to the same at any time. No warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk and that you may be exposed to content from various sources.

Except for liability for death or personal injury caused by gross negligence or intentional misconduct, the Company or its suppliers shall not be liable for any direct, indirect, incidental, punitive or consequential damages caused by the use or inability to use the Service, even if the Company has been advised of the possibility of such damages. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. The liability of the Company and its suppliers is in such case limited to the greatest extent permitted by law.

13. Indemnification

You agree to defend, indemnify and hold the Company and its suppliers harmless from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of i) your breach of the Terms, ii) your infringement or violation of any intellectual property, other rights or privacy of a third party, iii) misuse of the Service by a third party where such misuse was made available by your failure to take reasonable measures to protect your username and password against misuse.

14. Miscellaneous

14.1. Choice of Law and Arbitration

Except where prohibited by applicable law or provided otherwise herein, the Terms shall be governed by the laws of Finland without regard to its conflict of law provisions.

You agree to abide by applicable export control laws in the USA and other countries and not to transfer or make available, by electronic transmission or otherwise any content, software or materials subject to restrictions under such laws to a destination prohibited by such laws.

If you are a US resident the following paragraph shall apply:

The Terms shall be governed by the laws of New York without regard to its conflicts of law provisions. Any dispute relating to these Terms or the Service shall be submitted to binding arbitration in Manhattan, New York within eighteen (18) months of the date the facts giving rise to the suit were known, or should have been known, by the complainant, except that the Company may seek injunctive or other relief if you have violated or threatened to violate any intellectual property rights. All matters relating to arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. §1 et. seq.). Arbitration shall be conducted by a single arbitrator under the then prevailing Wireless Arbitration Rules of the American Arbitration Association (AAA), Each party must submit any claim which would constitute a compulsory counterclaim in litigation or such claim shall be barred. No award of exemplary, special, consequential or punitive damages shall be permitted. The losing party, as determined by the arbitrator, shall pay the arbitration fees. The arbitrator's award shall be binding and may be entered as a judgment and enforceable in any court of competent jurisdiction. Arbitration shall be conducted on an individual, not class-wide basis, and no arbitration shall be joined with an arbitration involving any other person or entity.

14.2. Validity

The Terms shall neither exclude nor limit any of your mandatory rights in your country of residence. If a provision of the Terms is found to be invalid, the validity of the remaining provisions shall not be affected and the invalid provision shall be replaced with a valid provision that comes closest to the result and purpose of the Terms. If there is any conflict between these Terms and the Privacy Policy, the provisions of these Terms shall prevail. The provisions of the Terms that are intended to survive termination shall remain valid after any termination.

14.3. Changes in Terms

The Company reserves the right to modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, the Company will provide a separate prior notice advising of such change.

You are responsible for regularly reviewing the Terms. Your continued use of the Service shall constitute your consent to any changes and modifications.

You agree to that in the event that the Company is acquired by or merged with a third-party entity, or we transfer the Service to a third party, we reserve the right, in any of these circumstances, to transfer or assign the agreement with the user and transfer all data, including but not limited to personal information, as part of such merger, acquisition, sale, transfer or other change of control.

14.4. Links to Third Party Sites and Content

For your easy accessibility, the Company may include links to sites on the Internet that are owned or operated by third parties and that are not part of the Service. Upon following a link to such a third-party site, you shall review and agree to that site's rules of use before using such site.

You agree that the Company has no control over the content of third-party sites and cannot assume any responsibility for services provided or material created or published by such sites. A link to a third-party site does not imply that the Company endorses the site or the products or services referenced in the site.

In addition, users may create links within the Service to content that has not otherwise been submitted to the Service. You agree that the Company is neither responsible for nor liable for any such links.

15. Intellectual Property

The Service and related software are protected under international copyright laws and you are hereby notified that copyrights are claimed by the Company. Subject to the Terms, the Company retains all right, title and interest in the Service and in all of the Company's products, software and other properties provided to you or used by you through the Service.

The Company's product and service names are either trademarks or registered trade names of the Company. Other product and company names mentioned at the site may be trademarks or trade names of their respective owners. Your access to this site or Service should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on the site or in the Service without the prior written consent of the Company or the third party owner thereof.

SITETERMS AND COPYRIGHT

These websites and their contents are proprietary to the respective Company and are intended solely for the use of their clients to obtain knowledge and information regarding the respective Company’s products and services. The contents of these sites shall not be used or distributed or otherwise communicated, disclosed or reproduced for any other purpose without the prior written consent of the respective Company.

TRADEMARKS

Sports Tracker is a registered trademark of Amer Sports Digital Services Oy. Sports Tracker product and feature and content names are registered or unregistered trademarks of Amer Sports Digital Services Oy. Other product and company names are trademarks of their respective owners. Primary trademark is SPORTS TRACKER. Product names and slogans may also be registered. All trademarks, registered or unregistered, are owned by Amer Sports Digital Services Oy. Ownership or registration by divisions, subsidiaries or third parties is strictly forbidden.

Suunto and Movescount are registered trademarks of Suunto Oy. Suunto product and feature and content names are registered or unregistered trademarks of Suunto Oy. Other product and company names are trademarks of their respective owners. Primary trademark is “SUUNTO”. Product names and slogans may also be registered. All trademarks, registered or unregistered, are owned by Suunto Oy. Ownership or registration by divisions, subsidiaries or third parties is strictly forbidden.

DOMAIN NAMES

The official domain name of Sports Tracker is www.sports-tracker.com. Amer Sports Digital Services Oy reserves the rights to all domain names containing its trademark SPORTS TRACKER. The official domain names of Movescount and Suunto are www.suunto.com and www.movescount.com, app.suunto.com. Suunto Oy reserves the rights to all domain names containing its trademark SUUNTO.

If an importer feels that a local version(s) of the sports-tracker.xx domain name is needed, and the version is deemed relevant by Amer Sports Digital Services Oy, Amer Sports Digital Services Oy will register these versions. Similarly, if an importer feels that the local version(s) of the suunto.xx, app.suunto.xx or movescount.xx domain names are needed, and the version is deemed relevant by Suunto Oy, Suunto Oy will register these versions.

All sports-tracker.xx domains forward to sports-tracker.com, all suunto.xx domains forward to suunto.com, all movescount.xx domains forward to movescount.com and all app.suunto.xx forwards to Suunto App. Under no circumstances shall subsidiaries or third parties independently register versions of these domain names.

Sports Tracker distributors, importers and dealers may host their own web sites to promote and sell Sports Tracker products. However, the domain names may not contain the name Sports Tracker or the names of its other trademarks. Sports Tracker may, upon request and review, place links from sports-tracker.com to these sites and links will be located in the importer or dealer lists. Correspondingly, Suunto distributors, importers and dealers may host their own web sites to promote and sell Suunto products. However, the domain names may not contain the name Suunto or the names of its other trademarks. Suunto may, upon request and review, place links from suunto.com to these sites and links will be located in the importer or dealer lists.